Discovery

Definition - What does Discovery mean?

Discovery is the process that allows both sides of a court case to communicate with each other in regards to sharing information that will be brought up in court. This is done so that both sides are aware of the same issues before the case is heard. Discovery includes requests to view information, depositions, and interrogatories. Requests for production and requests for particulars are two of the most commonly used forms of discovery.

Justipedia explains Discovery

Discovery takes place in both civil and criminal cases. It can be forced by court order if it is not forthcoming. There are only certain issues that either side may legally withhold information from the other side. These items include any conversations that have taken place between the attorney and the client (provided for under the confidentiality clause) as well as anything that may incriminate a party to which the information is being requested. When a request for discovery goes unfulfilled, the party that refused to provide it will have to specifically refuse each point in court and cite the legal precedence. Either side of the case can file a motion to compel with the court. This will require the other party to share any of the particulars that are requested and outside of confidentiality.